Lakewood Pipe of Texas, Inc. v. Conveying Techniques, Inc.

OPINION ON MOTION FOR REHEARING

DUGGAN, Justice.

This is an appeal from a bench trial judgment awarding a manufacturer damages in the form of a cancellation charge for partially manufactured goods as a result of the buyer’s breach of an oral sales agreement. Appellant’s motion for rehearing is granted. We withdraw our earlier opinion, issued on July 3, 1991, and substitute this opinion in lieu thereof.

Appellee, Conveying Techniques, Inc. (“Conveying Techniques”), manufactures and fabricates conveying and material processing equipment. Appellant, Lakewood Pipe of Texas, Inc. (“Lakewood”),…